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Articles 31 - 60 of 60

Full-Text Articles in Law

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff Jul 2012

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff

Pepperdine Law Review

No abstract provided.


Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso May 2012

Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso

Pepperdine Law Review

No abstract provided.


The Rule Of Law For Judges, Thomas M. Reavley Apr 2012

The Rule Of Law For Judges, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli Apr 2012

Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli

Pepperdine Law Review

No abstract provided.


The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii Mar 2012

The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii

Pepperdine Law Review

No abstract provided.


Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan Mar 2012

Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan

Pepperdine Law Review

The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidated the mandatory nature of the federal Sentencing Guidelines as well as restored judicial discretion for federal judges. With the Booker decision there is a renewed opportunity to correct some of the imbalance that came about as a result of the mandatory guidelines and the sentencing policies of the past twenty years. Booker has implications for all future sentencing as the power between the judiciary and the jury has been realigned and the power of the government has been reduced. Sentencing cannot accomplish legitimate goals …


Judicial Recusal And Disqualification: The Need For A Per Se Rule On Friendship (Not Acquaintance), Jeremy M. Miller Mar 2012

Judicial Recusal And Disqualification: The Need For A Per Se Rule On Friendship (Not Acquaintance), Jeremy M. Miller

Pepperdine Law Review

Legal Ethics rules have become both more objective and more specific. There are already enemy rules for recusal. The recent debacle of the Antonin Scalia/Dick Cheney hunting trip when VP Cheney was a named defendant, and Scalia's refusal to disqualify himself shows there is a problem. But Scalia was correct, friendship does not mandate recusal. However, friendship, properly defined, as herein, must be added to the recusal factors. Former Chief Justice Rehnquist refusing to disqualify himself when he was involved in a lower court case as prosecutor caused an analogous change in the judicial conduct rules. This paper traces case …


"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes Mar 2012

"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes

Pepperdine Law Review

No abstract provided.


A Tribute To Matt Byrne, John Van De Kamp Mar 2012

A Tribute To Matt Byrne, John Van De Kamp

Pepperdine Law Review

No abstract provided.


Friend, Mentor, Colleague: A Tribute To Judge Matt Byrne, Pamela Rymer Mar 2012

Friend, Mentor, Colleague: A Tribute To Judge Matt Byrne, Pamela Rymer

Pepperdine Law Review

No abstract provided.


Judge William Matthew Byrne: An Irish Reflection, Mark H. Tuohey Iii Mar 2012

Judge William Matthew Byrne: An Irish Reflection, Mark H. Tuohey Iii

Pepperdine Law Review

No abstract provided.


Remarks Matt Byrne Memorial June 23, 2006, Ron L. Olson Mar 2012

Remarks Matt Byrne Memorial June 23, 2006, Ron L. Olson

Pepperdine Law Review

No abstract provided.


Lessons Learned From Matt, A. Howard Matz Mar 2012

Lessons Learned From Matt, A. Howard Matz

Pepperdine Law Review

No abstract provided.


The Judicial Appointment Process, John Tunney Mar 2012

The Judicial Appointment Process, John Tunney

Pepperdine Law Review

No abstract provided.


Matt Byrne, Michael Lightfoot Mar 2012

Matt Byrne, Michael Lightfoot

Pepperdine Law Review

No abstract provided.


"Momentous Changes Taking Place" Matt Byrne's Leadership Role In Dialogue With The U.S.S.R., Weyman I. Lundquist Mar 2012

"Momentous Changes Taking Place" Matt Byrne's Leadership Role In Dialogue With The U.S.S.R., Weyman I. Lundquist

Pepperdine Law Review

No abstract provided.


Introduction, Warren Christopher Mar 2012

Introduction, Warren Christopher

Pepperdine Law Review

No abstract provided.


The Roberts Court & Executive Power, Jeffrey Rosen Mar 2012

The Roberts Court & Executive Power, Jeffrey Rosen

Pepperdine Law Review

No abstract provided.


The Alito/O'Connor Switch, Joan Biskupic Mar 2012

The Alito/O'Connor Switch, Joan Biskupic

Pepperdine Law Review

No abstract provided.


Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr Mar 2012

Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr Mar 2012

The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


Law, Higher Law, And Human Making, William S. Brewbaker Iii Feb 2012

Law, Higher Law, And Human Making, William S. Brewbaker Iii

Pepperdine Law Review

This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one - Dorothy Sayers' The Mind of the Maker. The foundational analogy that drives Sayers' account of human creativity is the relation between God's creative activity and that of human beings made in his image. Sayers argues that human creative activity has a Trinitarian structure, which she identifies as Idea, Energy and Power. These three elements …


Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines, Chris Gaspard Feb 2012

Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines, Chris Gaspard

Pepperdine Law Review

No abstract provided.


The Third Annual William French Smith Memorial Lecture: A Conversation With Retired Justice Sandra Day O'Connor, Sandra Day O'Connor, Kenneth W. Starr, Carol A. Chase, Colleen Graffy, Virginia Milstead Feb 2012

The Third Annual William French Smith Memorial Lecture: A Conversation With Retired Justice Sandra Day O'Connor, Sandra Day O'Connor, Kenneth W. Starr, Carol A. Chase, Colleen Graffy, Virginia Milstead

Pepperdine Law Review

No abstract provided.


The Second Conversation With Justice Samuel A. Alito, Jr.: Lawyering And The Craft Of Judicial Opinion Writing, Samuel A. Alito Jr, Michael W. Mcconnell, Kenneth W. Starr, Walter E. Dellinger Iii, Douglas W. Kmiec Feb 2012

The Second Conversation With Justice Samuel A. Alito, Jr.: Lawyering And The Craft Of Judicial Opinion Writing, Samuel A. Alito Jr, Michael W. Mcconnell, Kenneth W. Starr, Walter E. Dellinger Iii, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.


The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge Feb 2012

The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge

Pepperdine Law Review

No abstract provided.


Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address, John G. Roberts Jr Feb 2012

Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address, John G. Roberts Jr

Pepperdine Law Review

No abstract provided.


Introduction , J. Matt Williams Feb 2012

Introduction , J. Matt Williams

Pepperdine Law Review

No abstract provided.


Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson Feb 2012

Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson

Pepperdine Law Review

This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part IV, …


Due Process And Judicial Disqualification: The Need For Reform, Gabriel D. Serbulea Jan 2012

Due Process And Judicial Disqualification: The Need For Reform, Gabriel D. Serbulea

Pepperdine Law Review

No abstract provided.