Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 91 - 120 of 120

Full-Text Articles in Law

Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried Nov 2012

Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried

Pepperdine Law Review

No abstract provided.


Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr. Oct 2012

Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr.

Pepperdine Law Review

No abstract provided.


Compassion For Drug Addicts Or Government-Sanctioned Drug Use?: An Overview Of The Needle Exchange Controversy, David J. Merrill Oct 2012

Compassion For Drug Addicts Or Government-Sanctioned Drug Use?: An Overview Of The Needle Exchange Controversy, David J. Merrill

Pepperdine Law Review

No abstract provided.


Framing The Juvenile Justice Problem: The Reality Behind The Problem, Robert M. Figlio, Lois Haight, Malcolm W. Klein, Sharon Kalemkiarian Oct 2012

Framing The Juvenile Justice Problem: The Reality Behind The Problem, Robert M. Figlio, Lois Haight, Malcolm W. Klein, Sharon Kalemkiarian

Pepperdine Law Review

No abstract provided.


Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian Oct 2012

Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian

Pepperdine Law Review

No abstract provided.


Reforming Juvenile Justice And Improving Juvenile Character: The Case For The Justice Model, Ralph A. Rossum Oct 2012

Reforming Juvenile Justice And Improving Juvenile Character: The Case For The Justice Model, Ralph A. Rossum

Pepperdine Law Review

No abstract provided.


Reforming California's Homicide Law, Charles L. Hobson Oct 2012

Reforming California's Homicide Law, Charles L. Hobson

Pepperdine Law Review

No abstract provided.


The Criminalization Of Maternal Substance Abuse: A Quick Fix To A Complex Problem, Carol Jean Sovinski Oct 2012

The Criminalization Of Maternal Substance Abuse: A Quick Fix To A Complex Problem, Carol Jean Sovinski

Pepperdine Law Review

No abstract provided.


Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii Oct 2012

Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii

Pepperdine Law Review

No abstract provided.


It Is Broken: Breaking The Inertia Of The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase Oct 2012

It Is Broken: Breaking The Inertia Of The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase

Pepperdine Law Review

No abstract provided.


The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule, Gregory D. Totten, Peter D. Kossoris, Ebbe B. Ebbesen Oct 2012

The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule, Gregory D. Totten, Peter D. Kossoris, Ebbe B. Ebbesen

Pepperdine Law Review

No abstract provided.


Administrative Replacements: How Much Can They Do?, Laurie L. Levenson Oct 2012

Administrative Replacements: How Much Can They Do?, Laurie L. Levenson

Pepperdine Law Review

No abstract provided.


How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent Oct 2012

How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent

Pepperdine Law Review

No abstract provided.


Judicial Review And The Exclusionary Rule, Morgan Cloud Oct 2012

Judicial Review And The Exclusionary Rule, Morgan Cloud

Pepperdine Law Review

No abstract provided.


The Importance Of Being Empirical, Michael Heise Oct 2012

The Importance Of Being Empirical, Michael Heise

Pepperdine Law Review

Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.


Moving Further Beyond, Thomas M. Reavley Oct 2012

Moving Further Beyond, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase Oct 2012

An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase

Pepperdine Law Review

No abstract provided.


No Penetration—And It's Still Rape, Lundy Langston Oct 2012

No Penetration—And It's Still Rape, Lundy Langston

Pepperdine Law Review

No abstract provided.


The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones Oct 2012

The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan Jul 2012

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.


Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister Jul 2012

Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister

Pepperdine Law Review

No abstract provided.


An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun Jul 2012

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.


Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom Apr 2012

Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom

Pepperdine Law Review

No abstract provided.


Stopping The Chronic Batterer Through Legislation: Will It Work This Time?, Prentice L. White Apr 2012

Stopping The Chronic Batterer Through Legislation: Will It Work This Time?, Prentice L. White

Pepperdine Law Review

No abstract provided.


Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck Mar 2012

Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck

Pepperdine Law Review

No abstract provided.


The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg Mar 2012

The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg

Pepperdine Law Review

In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact--a legal tyrannosaurus rex without teeth. In the last decade, by using American Bar Association (“ABA”) standards to evaluate counsel's performance, the Court has given the T-Rex some sizable incisors. The purposes of this article are to: (1) determine how frequently the United States Supreme Court uses ABA standards in its decisions and describe briefly for what purposes the Court uses those standards; …


Are Bills Of Attainder The New Currency? Challenging The Constitutionality Of Sex Offender Regulations That Inflict Punishment Without The "Safeguard Of A Judicial Trial", Joel A. Sherwin Feb 2012

Are Bills Of Attainder The New Currency? Challenging The Constitutionality Of Sex Offender Regulations That Inflict Punishment Without The "Safeguard Of A Judicial Trial", Joel A. Sherwin

Pepperdine Law Review

No abstract provided.


Innocent Threats, Concealed Consent, And The Necessary Presence Of Strict Liability In Traditional Fault-Based Tort Law , Marin Roger Scordato Feb 2012

Innocent Threats, Concealed Consent, And The Necessary Presence Of Strict Liability In Traditional Fault-Based Tort Law , Marin Roger Scordato

Pepperdine Law Review

This article identifies and carefully analyzes the use in tort law of what is termed unilateral and bilateral legal analysis. Unilateral, or one-party, analysis involves the design of legal doctrine that is focused on the characteristics or status of a single legal person. It is traditionally associated with criminal law, where the doctrinal attention is tightly focused on the criminal defendant. Inquiry may be made regarding the nature and degree of harm suffered by the victim, or whether the victim agreed to the harm producing act, but these considerations are generally relevant only to the degree that they shed light …