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Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan May 2013

Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan

Pepperdine Law Review

No abstract provided.


Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass May 2013

Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass

Pepperdine Law Review

No abstract provided.


California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman May 2013

California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman

Pepperdine Law Review

No abstract provided.


Sarong Gals: Green Light For The Red Light Abatement Law, Donald Lewis Briggs May 2013

Sarong Gals: Green Light For The Red Light Abatement Law, Donald Lewis Briggs

Pepperdine Law Review

No abstract provided.


Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman May 2013

Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman

Pepperdine Law Review

No abstract provided.


The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz May 2013

The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz

Pepperdine Law Review

No abstract provided.


Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey May 2013

Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey

Pepperdine Law Review

No abstract provided.


The Judicial Politics Of Obscenity , Robert Rosenblum May 2013

The Judicial Politics Of Obscenity , Robert Rosenblum

Pepperdine Law Review

No abstract provided.


Book Review - Schauer: The Law Of Obscenity , James M. Mcgoldrick May 2013

Book Review - Schauer: The Law Of Obscenity , James M. Mcgoldrick

Pepperdine Law Review

No abstract provided.


Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied May 2013

Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied

Pepperdine Law Review

No abstract provided.


Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information , Stephen F. Rohde May 2013

Real To Reel: The Hirsch Case And First Amendment Protection For Film-Makers' Confidential Sources Of Information , Stephen F. Rohde

Pepperdine Law Review

No abstract provided.


The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas Apr 2013

The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein Apr 2013

Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department Apr 2013

Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon Apr 2013

This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake Apr 2013

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf Apr 2013

Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf

Journal of the National Association of Administrative Law Judiciary

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …


Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup Apr 2013

Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger Apr 2013

Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss Apr 2013

S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh Apr 2013

Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen Apr 2013

Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen

Pepperdine Law Review

Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …


How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert Apr 2013

How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert

Pepperdine Law Review

In the 2010 midterm elections, the citizens of Oklahoma passed a ballot initiative barring Oklahoma courts from considering the tenets of Islamic Sharia law in their judicial decisions. This initiative was passed in the midst of a nation-wide debate on the nature of Sharia law, in which numerous states began to take legislative steps to ban or limit the application of Sharia. Oklahoma’s law was the first to explicitly ban Sharia, and it was immediately challenged by a Muslim plaintiff for violating the Constitution’s Establishment and Free Exercise Clauses. This Article examines the resulting case, Awad v. Ziriax, and the …


Executive Action And The First Amendment's First Word, Daniel J. Hemel Apr 2013

Executive Action And The First Amendment's First Word, Daniel J. Hemel

Pepperdine Law Review

In recent years, textualist scholars have advanced the argument that the First Amendment only applies to legislative action, and thus that executive authority is unencumbered by the First Amendment’s prohibitions. According to this argument, the words “Congress shall make no law” cannot be construed to limit the powers of the executive branch. Upon first glance, it might seem that a textualist reading of the First Amendment’s first word would give the executive branch carte blanche in the regulation of religion, expression, and association. Yet as this Article seeks to show, a textualist reading of the First Amendment’s first word does …


Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune Apr 2013

Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


When Public Employees Speak Out On Issues Of Public Concern: The Applicability Of Pickering In Garcetti V. Ceballos, Jayne Chen Apr 2013

When Public Employees Speak Out On Issues Of Public Concern: The Applicability Of Pickering In Garcetti V. Ceballos, Jayne Chen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips Apr 2013

I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols Apr 2013

Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols

Journal of the National Association of Administrative Law Judiciary

This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.


"Speak, Go Ahead, Speak, Speak": Chamber Of Commerce V. Brown's Effect On Employment Speech Regarding Unionization , Lauren Kadish Apr 2013

"Speak, Go Ahead, Speak, Speak": Chamber Of Commerce V. Brown's Effect On Employment Speech Regarding Unionization , Lauren Kadish

Journal of the National Association of Administrative Law Judiciary

This case note examines the analysis of the Supreme Court's holding in Chamber of Commerce. v. Brown and the effect the decision will have on the rights of employers to engage in noncoercive speech regarding unionization. Part II discusses the historical lineage of employer free speech guaranteed under the NLRA. Part III denotes the relevant facts and procedural history of the case and issues presented to the Supreme Court. Part IV analyzes both the majority and dissenting opinions regarding NLRA preemption over state regulations prohibiting the expenditure of state funds by employers to deter union organization. Finally, Part V considers …


Net Neutrality: Preparing For The Future, Jennifer Wong Mar 2013

Net Neutrality: Preparing For The Future, Jennifer Wong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.